Details confirmed as ground is broken for park

By Mark Quick

Published 12:24 pm, Tuesday, June 23, 2015

Photo: Dave Rossman, Freelance

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Bellaire City Councilman Jim Avioli, left, state Rep. Sarah Davis, R-Houston, Evelyn's Park Conservancy President Patricia Ritter and Bellaire council members Andrew Friedberg and Roman Reed break ground June 18 for Evelyn's Park in Bellaire. The city and conservancy are ironing at details on what each should pay during the first phase of construction. less

Councilman Jim Avioli said he wants the city attorney to prepare a letter of agreement between the city and Evelyn's Park Conservancy to determine which entity is to accept financial responsibility for items in the contract.

The council agreed with him in a 6-1 vote in favor of the motion with councilman Roman Reed voting against it.

City Attorney Alan Petrov said he will work out the details with the conservancy board and have a letter back to the council for amendment and approval around mid-July.

The council approved the construction contract earlier this month.

In it, the Linbeck Group commits to a guaranteed maximum price of $6.26 million for Phase 1 construction of the park.

Phase 1 includes parking, various garden landscapes, lawn areas, pathways and water features and converting the yellow house now on the property into a small café.

The city is putting in $5 million in bond money approved by voters in 2013.

The conservancy is covering the $1.26 million remainder.

The Linbeck Group set the guaranteed maximum price under a "construction manager at risk" form of agreement.

If it costs less than the guaranteed maximum price to build the park, the city retains the savings.

If it costs more, Linbeck Group bears the burden.

As noted in the contract, the Linbeck Group excludes certain items from the guaranteed maximum price and places them as the responsibility of the "owner."

The city is the owner of the park but the conservancy will operate it.

Avioli feared this could leave the city on the hook for those expenses.

Bellaire's director of parks, recreation and facilities, Karl Miller, described items that would fall under the conservancy.

Items the conservancy will be responsible for, Miller said, include contracting with utility providers for the connection of data and phone lines, wiring and installation of an alarm system, installation of telephones, Internet connections and television systems and the accompanying hooks, straps, ties and trays necessary for wiring.

The contract also excludes a play area climbing structure and certain landscaping light fixtures depicted in architectural drawings. Such items, if installed, would be the conservancy's responsibility.

Conservancy board president Patricia King-Ritter said she and the board have worked with Miller and Jordan and agree with the assessment.

"This is a private-public partnership. We must work together. We understand where the council is coming from and why they want clarification. The board is going to work to accommodate the council's concerns to make them feel good about the agreement," King-Ritter said.

Reed asked councilmembers who are attorneys, Gus Pappas, Andrew Friedberg and Mandy Nathan, to tell him whether they thought asking for this letter amounted to the city "changing terms" on the Conservancy for the "third time."

Each said it did not.

Friedberg said since time has passed and plans have been further developed it increases the potential for misunderstandings. He felt the letter will bring needed clarity.

"I've been involved in a number of businesses over the years. I have never felt victimized by specificity in an agreement before I sign it. This (the letter) does not change the substance of our original agreement. It solidifies it," said Mayor Phil Nauert.

The council approved its "Development and Operating Agreement" with the conservancy in July 2014.

In it the city agreed to provide "all operational, maintenance and repair services … that it provides to other high traffic municipal parks … in the city."

The agreement is for five years starting at the point the park opens and provides for subsequent two-year automatic renewals, provided neither party terminates it or seeks new terms at renewal time.

The agreement places the conservancy at the helm of day-to-day operations.

Conservancy board member Lou Waters told the council May 18 that after making the $1.36 million contribution to construction, the group will still have $1 million in cash reserves not including current pledges and future fundraising efforts.

Miller said Linbeck should be onsite in July pending receipt of insurance and construction permits.

Construction for Phase 1 is anticipated to last 10 months.

A comprehensive list of proposed amenities for Phase 1 along with an architectural rendering is available at at evelynspark.org/about/master-plan-phase-1/.